FAA publishes BVLOS data notice as Part 108 deadline nears

· 2 min read

On 3 November 2026 the Federal Register published a Privacy Act of 1974 system-of-records notice from the Federal Aviation Administration. It covers the records the agency will hold under its planned framework for routine beyond-visual-line-of-sight (BVLOS) drone operations: Part 108 for operators and Part 146 for automated data service providers. Comments are due by 3 December 2026.

Why a privacy notice matters

A system-of-records notice is a procedural step that agencies must take before collecting and storing personal data in a new system. Its publication suggests the FAA is preparing the administrative groundwork to run the BVLOS regime: registering operators, permitting operations and overseeing the third-party data services that will help separate drones from other aircraft.

Where the rule stands

The final Part 108/146 rule has been under review at the White House Office of Information and Regulatory Affairs since 10 July 2026. Congress set a statutory deadline of 7 December 2026 for the final rule. Industry commentators, including drone operator Flycre and a 3 November essay in The Regulatory Review, describe the rule as potentially reshaping commercial drone operations by replacing case-by-case waivers with standard permits and certificates.

The FCC's decision on 29 October to open the 800 MHz cellular band to drones fixes one of the enablers for long-range flight. The FAA rule is the missing piece that would actually allow such flights at scale.

Why it matters financially

Routine BVLOS flight is the key to making drone delivery, infrastructure inspection and agricultural services economic in the US. With the statutory deadline five weeks away, operators, insurers and investors are watching for the final rule. The privacy notice gives no cost figures, but it is a concrete sign that implementation is being prepared.

Sources

  1. Privacy Act of 1974; System of Records (Federal Register)
  2. A Proposed FAA Rule Could Reshape Commercial Drone Operations (The Regulatory Review)
  3. BVLOS rule Part 108 (Flycre)

← Back to Robot/AV/Drone/AI Regulatory News